Can You File Suit if You Get into a Motorcycle Accident in Athens and You Aren’t Wearing a Helmet?

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The reason helmets are required in most states is to keep you safe. The Legislature understands that motorcycle accidents often cause head and brain injuries. If you choose not to wear a helmet, you can end up with a ticket or citation. The bigger problem is if you aren’t wearing a helmet and get into a motorcycle accident. Your Athens motorcycle accident lawyer would have a hard time demanding damages for a traumatic brain injury if you purposely chose not to wear the one piece of safety gear that could’ve prevented your injury.

That doesn’t mean you can’t file suit for your injuries. It does mean that you’ll have a much harder time convincing the court that you deserve damages. That’s why you need an Athens motorcycle accident lawyer. They’ll do whatever possible to overcome this major hurdle. You should call and schedule your free consultation as soon as you can.

What is the Helmet Law in Athens, Georgia?

Georgia, like most other states, has pretty strict helmet laws. If you’re driving or riding on a motorcycle in Athens, you have to wear a helmet. You don’t have a choice. The legislature has decided that your safety is more important than your freedom from wearing protective headgear. If you aren’t wearing a helmet and get stopped by the police, you may get a ticket. If you get into a motorcycle accident in Athens, the cops will put a note in their report that you weren’t wearing your helmet. You can bet the defendant’s lawyer is going to try to use this against you.

A Helmet Protects You from a Traumatic Brain Injury

You don’t need an expert to tell you that wearing a helmet can help protect your head from injury. If you get hit by a car or SUV, there’s always a chance that you’ll be ejected from your bike. Your head may hit the concrete or asphalt. When this happens, you could smash your head pretty hard. Wearing a helmet would either prevent or at least minimize the injuries caused in this sort of accident. The defendant is going to argue that you wouldn’t have been hurt at all had you been wearing a helmet. Your Athens motorcycle accident lawyer will need to show that this wasn’t the case. They can either focus on injuries other than those to your head. Or they can have a doctor testify that a helmet wouldn’t have prevented any of your injuries.

Your Athens Motorcycle Accident Lawyer May Have to Prove You Weren’t at Fault

Not wearing your helmet can significantly impact your chances of winning your lawsuit. The other driver’s lawyer is going to argue that your case should be dismissed. Technically, the law in Georgia states that you aren’t entitled to damages if you could have avoided the injuries caused by the defendant’s negligence. Had you been wearing your helmet, you probably wouldn’t have suffered a head or neck injury. Your Athens motorcycle accident lawyer is going to have to overcome this obstacle.

The Georgia statute, Section 51-2-33 also states that you can still recover damages if you were only partially at fault. In a motorcycle accident case, there’s a good chance you suffered more than one type of injury. Your Athens motorcycle accident lawyer may also be able to show that you still would’ve suffered a head injury even with a helmet. If they’re able to do that, you may still recover. However, your recovery will be reduced by your percentage of fault. So, if your initial claim was for $100,000 and you were 20% at fault, your claim will be reduced to $80,000.

Contact a Seasoned Athens Motorcycle Accident Lawyer

Anybody who is involved in a motorcycle accident is going to suffer pretty serious injuries. There’s a good chance you’ll end up in the hospital, needing surgery and long-term physical therapy. You won’t be in a position to fight with the insurance companies. That’s why you should call and meet with a seasoned Athens motorcycle accident lawyer first. They can help deal with the insurance adjustor on your behalf. They’ll also try to get you the compensation you deserve.

What you should do is call and schedule your free, initial consultation as soon as possible after your crash. Sit down with somebody who has handled dozens of cases like yours before. The initial meeting is free, and you don’t have to pay a dime until your case is resolved.

Let's get started with your FREE consultation.

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